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has relied solely upon its own judgement, belief and knowledge, and the advice and <br />recommendation of its own counsel. Each parry further acknowledges that it has not been <br />influenced to any extent whatsoever in executing this Agreement by any representations or <br />statements made by the other party or its counsel, except those expressly contained herein. <br />15. This Agreement shall be binding upon and shall inure to the benefit of the <br />successors and assigns of the parties hereto. This Agreement, however, is intended solely <br />for the benefit of the parties hereto, and their successors and assigns, and it does not confer <br />any rights or privileges on any party, nor shall any other person or entity other than the <br />parties hereto or their successors or assigns have any right to enforce this Agreement. <br />16. The parties acknowledge and agree that all terms and conditions of this Agreement <br />are integral to the purposes of this Agreement and to the parties' intent in entering into it, and <br />therefore, if any term or condition or any part of this Agreement is determined to be null and void <br />or otherwise unenforceable by a court of competent jurisdiction, then this entire Agreement shall <br />terminate and no longer be of any force or effect. <br />17. This Agreement shall be governed by and construed and enforced in accordance <br />with the laws of the State of Minnesota. <br />18. This Agreement may be executed in counterparts, each of which shall be deemed <br />to be one and the same instrument. <br />Dated: 2021 <br />This Instrument Was Drafted by: <br />CARGILL, INCORPORATED <br />By: <br />Its <br />CITY OF ELK RIVER <br />By: <br />John J. Dietz <br />Its Mayor <br />By: <br />Tina Allard <br />Its City Clerk <br />11 <br />